The use of conduit company treaty shopping structures is often regarded as an impermissible erosion of a country’s tax base. For a developing country, such as South Africa, the protection of its tax base is an important ...

The 2008 Global Financial Crisis shook financial systems worldwide to their roots and set regulators on a new course post Crisis where the pursuit of financial stability emerged as apex regulatory objective. This new ...

Before 2008, it was generally accepted that the existence of a contract of employment
between employer and employee was an essential requirement for the validity of an
employment relationship. After 2008 this requirement ...

I previously discussed some aspects of the regulation of the market for securities
(see Delport “Offers and the Companies Act 71 of 2008” 2011 THRHR 280).
The last pieces of this puzzle are the concept of “public” and ...

The Competition Act 89 of 1998 prohibits abuse of its dominance by a firm that is dominant within a specific market. The abuse of dominance prohibitions are set out in section 8 of the Act. This dissertation focuses on ...

The Financial Intelligence Centre Act 38 of 2001 (“FICA” or the “Act”) established both the Financial Intelligence Centre (“FIC” also known as the “Centre”) and the Money Laundering Advisory Council. The purpose for these ...

The capital maintenance rules stem from the English company law and were primarily aimed at protecting the rights of a company’s creditors. Before the introduction of the Companies Amendment Act 37 of 1998, a company was ...

The Companies Act, 71 of 2008 repealed the Companies Act, of 61 of 1973, the former Act came into operation on the 1st May 2011.The repealing of the 1973 Act meant that a new legal dispensation was ushered in, these changes ...

The amendment of the Companies Act 61 of 1973 in 1999 by Companies Amendment Act 37 of 1999 made it possible for the first time, in South Africa, for a company to acquire its own shares and for a subsidiary to acquire ...

This work comprises a critical analysis of the section 48 acquisition of shares. Various predicaments inherent to such distributions are noted, and the financial, accounting, economic and statistical aspects pertaining to ...

The Companies Amendment Act 37 of 1999 brought about a major change to the South African company law, the Amendment Act introduced share buyback provisions to our company law. The legislature had finally responded to ...

Obesity is a prevalent social matter in modern day society which open doors for discrimination in the workplace. South African employers should be aware of the possible risks and consequences they face when dealing with ...

One of the responsibilities of a customs administration is the collection of
customs duties on imported goods. This necessitates the tariff classification
of the goods in question. As a result of South Africa’s membership ...

Today, the employment relationship in the public service is regulated by a number of sources of law: the law of contract forms the basis of the employer-employee relationship; labour legislation, most
notably the Labour ...